[Federal Register: March 6, 2008 (Volume 73, Number 45)]
[Rules and Regulations]
[Page 12011-12013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr08-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-VA-0011; FRL-8537-6]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia; Control of Particulate Matter From Pulp and
Paper Mills; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: This document corrects errors in the final rule chart listing
Virginia regulations governing kraft pulp and paper mills which EPA has
incorporated by reference into the Virginia State Implementation Plan
(SIP).
DATES: Effective Date: March 6, 2008.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford (215) 814-2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' are used we mean EPA. On October 19, 2007 (72 FR 59207), we
published a final rulemaking action announcing our approval of State
Implementation Plan (SIP) revisions to Virginia regulations governing
kraft pulp and paper mills (9 VAC 5, Chapter 40, Part II, Article 13).
In that document, in the rule chart for 40 CFR 52.2420(c), for entry 5-
40-1670 published on Page 59210, we inadvertently omitted two ``added''
definitions, listed two other definitions that were not part of the SIP
revision, and removed language providing the historical status of the
definitions not affected by this EPA approval action. In addition, we
provided an incorrect amendatory instruction on Page 15209 regarding
the revised compliance provisions (5-40-1750, formerly entry 5-40-
1750A). This action (1) revises the list of definitions described in
the ``Explanation [former SIP citation]'' column for entry 5-40-1670,
and (2) corrects the erroneous amendatory instruction in part 52 for
entry 5-40-1750.
In the Rule document E7-20568 published in the Federal Register on
October 19, 2007 (72 FR 59207),
[[Page 12012]]
Amendatory Instruction Number 2 on Page 59209, Third Column is revised
to read: ``In Sec. 52.2420, the table in paragraph (c) is amended by
adding an entry for 5-40-1750, removing the entry for 5-40-1750A, and
revising the entries for Article 13 (title), 5-40-1660, 5-40-1670, and
5-40-1810 to read as follows:''
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because this rule is not
substantive and imposes no regulatory requirements, but merely corrects
a citation in a previous action. Thus, notice and public procedure are
unnecessary. We find that this constitutes good cause under 5 U.S.C.
553(b)(B).
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
the agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq).
The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of March 6,
2008. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This correction to the table in 40
CFR 52.2420(c) for Virginia is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: February 25, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for 40 CFR part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (c) is amended by adding an
entry for 5-40-1750, removing the entry for 5-40-1750A, and revising
the entries for Article 13 (title), 5-40-1660, 5-40-1670, and 5-40-1810
to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
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State
State citation (9 VAC 5) Title/subject effective EPA approval Explanation [former SIP
date date citation]
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* * * * * * *
Chapter 40 Existing Stationary Sources
* * * * * * *
Part II Emission Standards
[[Page 12013]]
* * * * * * *
Article 13 Emission Standards From Kraft Pulp and Paper Mills (Rule 4-13)
5-40-1660......................... Applicability and 4/01/99 10/19/07, 72 .........................
designation of FR 59207
affected facilities.
5-40-1670......................... Definitions......... 4/01/99 10/19/07, 72 Existing: Kraft pulp
FR 59207 mill, Lime kiln,
Recovery furnace, Smelt
dissolving tank.
Added: Black liquor
solids, Green liquor
sulfidity, Neutral
sulfite semichemical
pulping operation, New
design recovery furnace,
Pulp and paper mill,
Semichemical pulping
process;
Revised: Cross recovery
furnace, Straight kraft
recovery furnace.
Remaining definitions are
Federally enforceable as
part of the Section
111(d) plan for kraft
pulp mills (see, Sec.
62.11610).
* * * * * * *
5-40-1750......................... Compliance.......... 4/01/99 10/19/07, 72 .........................
FR 59207
* * * * * * *
5-40-1810......................... Permits............. 4/01/99 10/19/07, 72 .........................
FR 59207
* * * * * * *
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[FR Doc. E8-4236 Filed 3-5-08; 8:45 am]
BILLING CODE 6560-50-P